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J.Edits.Criminal.Law > Crimes Against the Person > Flashcards

Crimes Against the Person Flashcards

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1
Q

What are the elements of murder?

A
  1. Unlawful killing
  2. Of a human being
  3. With malice
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2
Q

What are the elements of manslaughter?

A
  1. Unlawful killing
  2. Of a human being.
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3
Q

What is the actus reus for murder?

A

The act that results in the death.

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4
Q

Can assisting someone in suicide incur accomplice liability for assistor?

A

No, the death must be caused by someone other than victim (suicide ≠ homicide)

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5
Q

In situations when a victim is already dying, what is the criminal liability for any speeding up of the death?

A

The accelerating factor: the actual cause of death.

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6
Q

When a victim dies more than 1 year and 1 day after ∆’s act that was the cause in fact of death, what is the liability to the ∆?

A

Then the death is unforeseeable and the ∆ is not the legal cause of the death.

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7
Q

A ∆ who does not kill the victim may be liable for a killing in what circumstances?

A

Accomplice: ∆ is the accomplice to the actual killer

Conspiracy: where the reasonably foreseeable result of a conspiracy is a homicide and homicide committed in furtherance of the conspiracy. ALL MEMBERS can be held responsible for the homicide

Substantial Factor: where both a 3rd party and ∆ together caused a victim’s death—both are the actual cause

Co-Felon Liability: if the killing qualifies as a felony murder, non-killing co-felons may also be guilty of murder.

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8
Q

What is the mens rea for all murders?

A

Malice: express or implied.

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9
Q

What must be proven for malice?

A
  1. Intent to kill
  2. Intent to inflict grievous bodily harm

Or

  1. Depraved heart: an unintended killing resulting from extreme risk creation that manifests a wanton disregard for human life.
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10
Q

What can establish intent to kill?

A
  1. ∆ acts with purpose to kill or knowledge that conduct will kill
  2. Deadly Weapons Doctrine: when ∆ uses an instrument designed to kill or used in a manner to inflict grievous bodily harm.
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11
Q

When can the mens rea for intent to inflict grievous bodily harm be established?

A

Intent to inflict grievous bodily harm can arise from:

  1. Conscious desire

Or

  1. Substantial certainty that conduct will result in injury.
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12
Q

What is depraved heart murder?

A

Malice is implied where the defendant causes death as a result of an extreme risk creation that manifests a wanton disregard for human life.

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13
Q

What are the elements of depraved heart murder?

A
  1. Reckless or grossly negligent conduct
  2. That creates extreme risk to others

And

  1. Demonstrates a wanton indifference to human life.
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14
Q

For felony murder, malice is established by?

A

Causing a death during the commission of the “right type” of felony.

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15
Q

What are the elements of felony murder?

A
  1. Unintentional injury that results in killing
  2. Proximately caused during the attempt, commission or flight from
  3. An Inherently dangerous felony.
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16
Q

What are the right type of felonies for felony murder rule?

A
  1. A felony listed in the state’s murder statute

Or

  1. An independent of the killing that is inherently dangerous.
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17
Q

When is a felony not independent of a killing?

A

If the primary purpose is serious physical harm, then the felony will not trigger felony murder.

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18
Q

What are the tests for inherently dangerous felonies?

A

Abstract test: it is foreseeable that the act will endanger human life (majority)

Context test: in the context of the act, it was foreseeable that the act will endanger human life (minority).

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19
Q

List the felonies that generally qualify for felony murder?

A
  1. Burglary
  2. Arson
  3. Rape
  4. Robbery

And

  1. Kidnapping
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20
Q

When does a felony start for the felony murder rule?

A

When the ∆ could be convicted of attempting the underlying felony.

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21
Q

When is the felony deemed to have terminated?

A
  1. When the felon has reached a temporary place of safety; a temporary place of safety

And

  1. The felony is no longer ongoing.
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22
Q

When does felony murder co-felon liability occur?

A

When a victim is killed by a member of a conspiracy.

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23
Q

What is the majority rule for felony murder co-felon liability?

A

The Agency Rule: A co-conspirator is liable for all killings by co-felons. There is no liability for killings committed by non-felons.

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24
Q

What is the minority position on felony murder co-felon liability?

A

All felons were liable for any homicide that occurred during the perpetration of the felony. Any death proximately caused by the felony was attributed to all co-felons.

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25
Q

When does the non-violent felon exception apply?

A

A minority of common law jurisdictions exempt from felony murder liability a non-violent co-felon who participates in the conspiracy in a non-violent way.

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26
Q

When does the deserving victim exception apply?

A

A minority of common law jurisdictions also exempt from felony murder liability a killing of a co-felon

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27
Q

When does the redline limitation apply?

A

Minority jurisdictions exempt from felony murder liability killings at the hand of a non-felon killing a co-felon.

28
Q

What are the elements of first degree murder?

A
  1. Premeditation of the intent to kill
  2. Deliberation on killing

And

  1. An intentional unlawful killing of a person.
29
Q

What do all murders require proof of?

A

Malice

30
Q

What does premeditation require?

A
  1. There must be a thought about killing

And

  1. A period of time has elapsed before killing.
31
Q

What does deliberation require?

A
  1. A rational thought about the killing

And

  1. The ∆ makes the choice to kill.
32
Q

What is second-degree murder?

A

Second-degree murder is any killing with malice but without premeditation and deliberation.

33
Q

Define voluntary manslaughter?

A

An intentional killing that is mitigated by:

  1. Adequate provocation
  2. Diminished capacity

Or

  1. Imperfect self defense.
34
Q

What are the elements for adequate provocation manslaughter?

A
  1. ∆ must be adequately provoked
  2. The provocation that would lead an ordinary, reasonable-person to lose self control
  3. There is a causal connection between the provocation and the killing (∆ actually provoked)
  4. The killing must occur while rage is hot

And

  1. A reasonable person would not have cooled off by the killing.
35
Q

What circumstances does adequate provocation exist?

A
  1. ∆ is a victim of a serious battery
  2. ∆ sees spouse engaged in sexual conduct with another person Or
  3. ∆ observes the serious physical injury of a close family member.
36
Q

Are mere words enough for adequate provocation?

A

Never

37
Q

What are the defenses to malicious intent?

A
  1. Diminished mental capacity

Or

  1. Imperfect self-defense: an honest but unreasonable use of deadly force.
38
Q

What are the elements of involuntary manslaughter?

A
  1. An unintentional killing

And

  1. Unjustified risk creation.
39
Q

What does involuntary manslaughter risk creation requires proof of?

A
  1. ∆ subjectively aware of the risk and ignores it or ∆ unaware but a reasonable person would have been aware
  2. The risk is greater than mere negligence.
40
Q

What is misdemeanor manslaughter?

A

An unintentional killing that occurs during the commission or attempted commission of a:

  1. misdemeanor which is malum in se (evil in and of itself)

Or

  1. A felony which is not of the inherently dangerous.
41
Q

What classification of crime are assault and battery at common law?

A

Misdemeanors.

42
Q

What are the elements of criminal battery?

A
  1. Act is intentional or reckless or criminally negligent

And

  1. Act applies unlawful force to another person
43
Q

What circumstances elevate a simple battery (misdemeanor battery) to aggravated battery?

A
  1. ∆ causes serious bodily injury
  2. ∆ uses a deadly weapon to commit the battery

Or

  1. ∆ batters special category of victim
44
Q

What are the common defenses to battery?

A
  1. Valid consent
  2. Self defense or defense of others

Or

  1. Used to prevent a crime
45
Q

What are the two types of assaults?

A
  1. A failed attempted battery

And

  1. Fear of battery assault
46
Q

What does failed attempted battery assault require?

A

Only that the defendant intended to commit the battery. His success does not matter.

47
Q

When does fear of battery assault occur?

A

∆ does not intend to commit a battery but acts with threatening conduct intended to cause reasonable apprehension of imminent harm in the victim.

48
Q

Is a conditional threat sufficient for fear of battery assault?

A

It is not enough because it is not immediate.

49
Q

In what type of assault does the victim need to be aware of the threatened battery? When do they not?

A

The victim must be aware in fear of battery assault. Not in a failed attempted battery

50
Q

When does a victim have a reasonable apprehension for fear of battery assault to occur?

A

The victim does not have to actually be afraid but rather to simply (and reasonably) anticipate or expect that the defendant’s act(s) will result in immediate bodily harm.

51
Q

When will a simple assault rise to the level of an aggravated felony assault?

A
  1. The defendant commits an assault with a dangerous weapon
  2. The defendant acts with the intent to rape or murder the victim

Or

  1. The victim is specially protected by the statute.
52
Q

What does the felony of mayhem require?

A
  1. The intent to maim or do bodily injury

And

  1. An act that
    a. Disfigures victim

Or

b. Disables some part of their body.

53
Q

When does false imprisonment occur?

A
  1. Victim is intentionally confined
  2. Confinement is against the law

And

  1. The victim is completely or fully confined.
54
Q

What are the elements of kidnapping?

A
  1. Victim is intentionally confined
  2. Confinement is against the law
  3. Victim is confined by a show of force

And

  1. Victim is moved.
55
Q

What are the elements of rape?

A

A reasonable person in the ∆’s situation would have known that the victim was not consenting.

56
Q

What is the defense to rape?

A

Mistake of fact if the mistake is:

  1. Honest

And

  1. Reasonable.
57
Q

When does statutory rape occur?

A

Anytime a person is under the statutorily prescribed age of consent has sex. Statutory rape applies even if the victim expresses consent or ∆ mistakenly believes person is of legal age.

58
Q

When does bigamy occur?

A

When a person is married to more than one person.

59
Q

When is mistake a defense to bigamy?

A

Never

60
Q

When does incest occur?

A

Whenever there are sexual relations between individuals who are closely related to one another.

61
Q

A ∆ without premeditation or deliberation cannot be guilty of?

A

1st degree murder

62
Q

Voluntary intoxication impacts what element of murder?

A

Deliberation

63
Q

When can an individual use non-deadly force to resist a police officer?

A

When the police officer is attempting an arrest and the individual does not know it is a police officer.

64
Q

When does the misdemeanor manslaughter rule apply?

A

When the underlying misdemeanor is “inherently wrong” and death is foreseeable given the misdemeanor.

65
Q

What are the default degrees of murder?

A

1st degree: Premeditated and Deliberate Murder

And

2nd Degree:

a. Depraved heart

Or

b. Substantial bodily injury

66
Q

What is the criminal liability when a ∆ punches someone, not intending to cause substantial bodily harm, and they die?

A

Egg-Shell Skull Rule: Involuntary manslaughter.

J.Edits.Criminal.Law (5 decks)

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